[^ 22] See Matter of Areguilin (PDF), 17 I&N Dec. 308 (BIA 1980). Hello all, I'm in process for the green card, awaiting interview but have had my EAD/AP card since December 2022.. I-94 Arrival/Departure Record; OR . SAVE may provide an initial verification of Parolee with a class of admission of . [^ 49] See INA 245(c)(2). [^ 113] INA 245(c)(7) does not apply to VAWA-based applicants, immediate relatives, family-based applicants, or special immigrant juveniles because these noncitizens are not seeking adjustment as employment-based applicants. with Asylee or Refugee Status/Stamp Not Required . [^ 92] Diversity visas do not rely on a USCIS-filed petition to obtain a visa. The bar also applies if the noncitizen was a crewman admitted as a C-1 to join a crew, or as a B-2 if serving on a crew. L. 102-232 (PDF) (December 12, 1991), as amended, and, consequently, the reference in 8 CFR 244.15 to advance parole was overruled by Section 304(c) of that statute, which required that eligible TPS beneficiaries shall be inspected and admitted upon return from qualifying authorized travel. [10], Inspection is the formal process of determining whether a noncitizenmay lawfully enter the United States. A noncitizenis paroled if the following conditions are met: They are seeking admission to the United States at a port of entry; and, An immigration officer inspected them as an alien and permitted them to enter the United States without determining whether they may be admitted into the United States. Posted on Dec 1, 2021. [^ 107]See special immigrants described in INA 101(a)(27)(H)-(K). Employment Authorization Card. Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). My daughter and I (on different occasions) both took one copy of the AP document with us when we left the U.S. for the first time, and upon re-entry, that copy of the AP document was stamped and so were our passports. [45] DHS can exercise its discretion to parole such a personinto the United States. There is no significant reason to it. Border Crossing Card (Form I-586 or Form DSP-150[31]), provided it was valid on the date of last claimed entry. Parole (per INA section 212(d)(5)(A)), a foreign passport with DHS/CBP admis-sion stamp noting "OAR," or a foreign passport with DHS/CBP admission stamp noting "OAW." Each individual in a family applying for ORR benefits and services should bring their own proof and the date their humanitarian parole (or other ORR-eligible status) the parole stamp in their passport. For more information, please visit the State Department website or the U.S. Department of Homeland Security website. As of that date, all noncitizens present in the CNMI (other than LPRs) became present in the United States by operation of law without admission or parole. [42] DHS may grant urgent humanitarian or significant public benefit parole only on a case-by-case basis. L. 104-208 (PDF), 110 Stat. Verify any documentation provided via SAVE using established processes. In some cases, explained below, USCIS applies the current policy retroactively and considers past travel to have resulted in an inspection and admission for purposes of INA 245(a), even if the policy or practice in place at the time the travel occurred instructed otherwise. USCIS recently announced that, effective Nov. 21, 2022, certain Ukrainian and Afghan parolees are employment authorized incident to their parole. See 8 CFR 103.2(b)(1). [^ 78] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. Immigration. 2022). [^ 70] See INA 244(c)(3). So yes you could enter the US with your parole stamp on your passport if it is still within the 1 year. For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part R - Abandonment of Lawful Permanent Residence, POLICY ALERT - EB-5 Reform and Integrity Act of 2022, POLICY ALERT - Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, Technical Update - Replacing the Term Entrepreneur, Technical Update - Replacing the Term Foreign National, POLICY ALERT - Adjustment of Status Policies and Procedures and 245(a) Adjustment, To protect your privacy, please do not include any personal information in your feedback. [^ 65] See Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. See Sections 8, 12, 16, and 18 of the Act of February 20, 1907, 34 Stat. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, United States of America", "Joint Statement by the U.S. Department of Homeland Security and U.S. Department of State on the Expansion of Access to the Central American Minors Program", "More Than Words: Making Good on the Promise of the Central American Minors Refugee and Parole Program", "State of Texas, et al. Evidence of Parole. DHS recently began using this code to help distinguish these Afghans from other parolees. At the port of entry, a U.S. Customs and Border Protection (CBP) officer will review the visa in the passport and all . The historical versions are provided for research and reference purposes only. A Fact Sheet: DHS Efforts to Assist Ukrainian Nationals, provides information about other legal pathways such as Temporary Protected Status, Asylum, the U.S. This announcement provides information about documentation and the SAVE verification process for individuals paroled into the United States under Uniting for Ukraine, which permits Ukrainian citizens and their immediate family members to be considered for parole on a case-by-case basis for up to two years. [^ 61] See 8 CFR 244.15(a). However, statutory provisions expressly state that these special immigrants are considered paroled for adjustment eligibility purposes. [41], Urgent Humanitarian Reasons or Significant Public Benefit, DHS may parole a noncitizenbased on urgent humanitarian or significant public benefit reasons. We only used the stamp in our passports to re-enter after the first time. This may arise in cases where, for example, an asylee marries a U.S. citizen and subsequently seeks to adjust status as an immediate relative of a U.S. citizen rather than under the asylee provision. This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. [1] However, aliens who would otherwise be automatically inadmissible due to a period of unlawful presence, will not be inadmissible if they have advance parole. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. An official website of the United States government. [5] Refugee status denials cannot be appealed, but a Request for Review is available for individuals denied refugee claims and denied parole status in some instances and must be filed within 90 days of being notified of the negative decision. in the United States without a valid immigration status. Foreign passport with parole stamp . Legislative history does not elaborate on the meaning of lawful.. 7010.3. [50], A parole stamp on an advance parole document;[51], An Arrival/Departure Record (Form I-94) endorsed with a parole stamp.[52]. The applicants are beneficiaries of a request by a law enforcement agency to adjust status (Inter-Agency Alien Witness and Informant Record (Form I-854)). [1] Among the requirements, an individual must be eligible to receive an immigrant visa, and the individual must have an immigrant visa immediately available in order to adjust status.[1]. 1733, 1749 (December 12, 1991), as amended. [^ 58] SeeINA 244(f)(4). Admission as a bona fide nonimmigrant remained a requirement until 1960. Citizenship and Immigration Services (USCIS) pursuant to the instructions found on their Website. In the rare event that a TPS beneficiary relied on being paroled into the United States, rather than being inspected and admitted, in a way that negatively impacts eligibility for adjustment of status, the officer weighs the negative impact against the other factors in the Retail Union test on a case-by-case basis. This is the document that you received when you entered the United States. Click Share This Page button to display social media links. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A). Filipino World War II Veterans Parole Program, United States Customs and Border Protection, United States Citizenship and Immigration Services, Nina Bernstein, "A Contest of Suffering, With the U.S. as a Prize," October 14, 2005, The Cuban Family Reunification Parole (CFRP) Program, The Haitian Family Reunification Parole (HFRP) Program, "Central American Minors (CAM) Refugee and Parole Program | USCIS", "More than Words: Making Good on the Promise of the Central American Minors Refugee and Parole Program", "Relaunching the Central American Minors Program", "SA v. Trump: Re-opening the Central American Minors parole program", "S.A. et al v. Trump et al: STATUS REPORT (Fourteenth Quarterly Report) by L. Francis Cissna, Kirstjen Nielsen, Michael R. Pompeo, U.S. TPS beneficiaries subject to certain criminal, national security, and related grounds of inadmissibility as described in INA 244(c)(2)(A)(iii) may not be eligible for admission into TPS when returning from travel authorized under INA 244(f)(3). [72] If the past travel does meet each of these requirements, USCIS will consider retroactive application of the current guidance. U No Passport Required . [^ 103] This does not apply to noncitizens who failed to maintain lawful status through no fault of their own or solely for technical reasons, as defined in 8 CFR 245.1(d)(2). [^ 18] Deferred inspection is a form of parole. eligible parole period to July 31, 2021, through September 30, 2023. For more information on deferred inspection, see Subsection 3, Parole [7 USCIS-PM B.2(A)(3)]. Since March 2021, when it reopened the CAM Program only for some applications filed originally between 2014 and 2017 (those that had not received an interview before their case was closed), approximately several hundred CAM beneficiaries have reached the United States. USCIS is also updating the USCIS Policy Manual to reflect the decision of the U.S. Supreme Court in Sanchez v. Mayorkas, 141 S.Ct. No new applications under the program are being accepted, although individuals already in parole status continue to maintain that status until its expiration date, they may request re-parole, and they may apply to adjust status when eligible to do so. [5] At this time, CAM parole is issued for a three-year period and is renewable. Non-SI Parolees may have a Form I-766, EAD, with a C11 category or a CBP "PAROLED" stamp in their passport. An Afghan passport with a Department of Homeland Security Customs and Border Protection "PAROLED" stamp in their passport or an "OAR" notation in the parole stamp, an I-94 showing date of admission and the "OAR" notation, or; a Form I-766, Employment Authorization Document with a C11 category. Immigrant visa with the notation "upon endorsement serves as temporary . See Matter of Areguilin (PDF), 17 I&N Dec. 308 (BIA 1980). [^ 89] See 8 CFR 103.2(a) and 8 CFR 103.2(b). [13] A noncitizenwho arrives at a port of entry and presents himself or herself for inspection is an applicant for admission. Secure .gov websites use HTTPS Some bars to adjustment may overlap in their application, despite their basis in separate sections of the law. Additional verification may be required in limited circumstances, such as when the applicant information submitted by the user agency does not match federal immigration records. You should bring proof of your humanitarian parole and the date you received it. [^ 13] See 8 CFR 235.1(a). Advance parole must be approved before the applicant leaves the United States, or any residency application be denied unless exceptional circumstances are demonstrated by the alien. For example, if the applicant was in a car with U.S. license plates and with U.S. citizens onboard, the applicant should submit persuasive evidence to establish he or she physically presented himself or herself to the inspector and was admitted as a noncitizen.[88]. Previously, USCIS issued TPS beneficiaries advance parole documents under 8 CFR 244.15, which references the advance parole provisions as the procedure to authorize travel. L. 102-232 (PDF), 105 Stat. Share sensitive information only on official, secure websites. The exception at INA 245(k) requires, in part, that the applicant be present in the United States pursuant to a lawful admission. In such cases, USCIS conducts the individualized assessment described above. This page was not helpful because the content: Parolees who have an OAR class of admission (COA); Parolees with DT COA who were paroled into the United States between Feb. 24, 2022, and Sept. 30, 2023 and whose I-94 indicates Ukraine as country of citizenship. Parole date added and source of ORR authorization added on February 18, 2022: The term "Afghan . [68], Retroactive Application of Current Policy. A noncitizenwho is present in the United States without inspection and admission or inspection and parole is an applicant for admission. [^ 44] Only parole under INA 212(d)(5)(A) meets this requirement. [57] However, a grant of TPS does not prevent a noncitizen from demonstrating eligibility for INA 245(a) adjustment if the noncitizen was inspected and admitted or inspected and paroled when last entering the United States. See Flores v. USCIS (PDF), 718 F.3d 548 (6th Cir. U.S. [^ 101] An immigrant category may exempt an applicant or make an applicant eligible for a waiver of certain adjustment bars and grounds of inadmissibility. 0150.1; Delegation of Authority to the Assistant Secretary for U.S. Immigration and Customs Enforcement, DHS Delegation No. 1809 (2021). [6], After a qualifying parent or legal guardian files an application (an Affidavit of Relationship) with the U.S. Department of State Bureau of Population, Refugees and Migration through a U.S. Resettlement Agency, the children and eligible family members undergo a pre-screening interview with the International Organization for Migration in the country where they are located, complete a DNA test (where applicable), and go through a refugee interview with USCIS. To lawfully enter the United States, a noncitizenmust apply and present himself or herself in person to an immigration officer at a U.S. port of entry when the port is open for inspection. An asylee whose adjustment application is based on his or her asylee status adjusts under INA 209(b). Generally, the stamp shows: a "Parole Unit" designation or the stamp header "PAROLED;" a purpose of parole (e.g., "Public Interest") or a class of admission indicating parolee status (e.g., CP or OP); and; a port of entry, action date, and inspector stamp number. [5] Individuals determined to be ineligible for refugee status are automatically considered for parole on a case-by-case basis for urgent humanitarian reasons or for significant public benefit. Posted on Jan 11, 2016 ; [^ 1] See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section B, Definition of Properly Filed [7 USCIS-PM A.3(B)]. This content has been superseded by the current version available in the Guidance tab. [^ 59] SeeMatter of H-G-G-, 27 I&N Dec. 617 (AAO 2019). Furthermore, an immigrant visa must be available for issuance on the date USCIS approves any adjustment application. 477. U.S. Applying for form I-512 is a two-stage process. [^ 53] See Consolidated Natural Resources Act of 2008, Pub. [13] In May 2022, two parents actively seeking CAM protection for their children intervened in the lawsuit as defendants to present evidence of the program's impact. Following President Donald Trump's Executive Order 13767, which instructed the Secretary of Homeland Security to exercise its parole authority "only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole", the Filipino World War II Veterans Parole Program was ended. See8 CFR 244.10(f)(2)(iv). Once you have completed form I-131 it is important to read it over and check that you have answered all questions fully and that all the information that you have given is correct. Foreign passport with an I-551 stamp. Upon returning from abroad, TPS beneficiaries with advance parole documents were inspected and, if eligible, paroled into the United States. Secure .gov websites use HTTPS Behar Intl. Determines that the person does not present a national security risk to the United States. Such parole shall be issued on a case-by-case basis for urgent humanitarian reasons, which is why it is sometimes referred to as . Ask a lawyer - it's free! [^ 16] See Reid v. INS, 420 U.S. 619, 624 (1975) (a noncitizenwho enters the United States based on a false claim to U.S. citizenship is excludable under former INA 212(a)(19), or INA 212(a)(6)(C) today, and considered to have entered without inspection). [2], Under the Cuban Family Reunification Parole and the Haitian Family Reunification Parole Program, certain eligible U.S. citizens and lawful permanent residents are eligible to apply for parole for their family members in Cuba or Haiti. In such cases, the officer should address each applicable adjustment bar in the denial notice. [^ 112] Although VAWA-based applicants are exempt from all INA 245(c) bars per statute, a VAWA-based applicant may still be determined to be removable (INA 237(a)(4)(B)) or inadmissible (INA 212(a)(3)) due to egregious public safety risk and on security and related grounds. Secure .gov websites use HTTPS In addition, the entry is not considered an admission for immigration purposes.[16]. [6], Individuals granted refugee and parole status must complete a medical exam and clear security vetting prior to traveling to the United States. Form I-766, Employment Authorization Document (EAD) with a C11 category, if they have applied for and received one. 3124, 3136 (This legislation will not benefit the alien who has entered the United States in violation of the law) and 3137 (The wording of the amendments is such as not to grant eligibility for adjustment of status to alien crewmen and to aliens who entered the United States surreptitiously). Therefore, whether or not USCIS considers travel under MTINA as an admission after authorized travel or a parole after advance parole will not adversely affect noncitizens with respect to reliance upon Matter of Arrabally. Paper Form I-94 with an OAR, UHP, or DT COA; Foreign passport with parole stamp that includes an OAR, UHP, or DT COA; or. [26] An LPR returning from a temporary trip abroad would only be considered to be seeking admission or readmission to the United States if any of the following factors applies: The LPR has abandoned or relinquished his or her LPR status; The LPR has been absent from the United States for a continuous period in excess of 180 days; The LPR has engaged in illegal activity after having departed the United States; The LPR has departed from the United States while under legal process seeking his or her removal from the United States, including removal proceedings under the INA and extradition proceedings; The LPR has committed an offense described in the criminal-related inadmissibility grounds, unless the LPR has been granted relief for the offense;[27] or, The LPR is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.[28]. CBP will verify your immigration status, and then the parole stamp will be stamped on your passport, the I-94, and the advance parole document, showing the date your parole will be valid, which is usually 1 year. Footnote added February 18, 2022: If an Afghan national has a passport, the Form I-94 arrival/departure . This technical update replaces instances of the term entrepreneur with investor throughout the Policy Manual in accordance with the EB-5 Immigrant Investor Program Final Rule. [^ 97] If one or more of the grounds listed in INA 212 applies to an applicant then the applicant may be inadmissible. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. For instance, anoncitizenwho enters without inspection and is subsequently granted asylum does not satisfy the inspected and admitted or inspected and paroled requirement. When entering the U.S., a passport should be endorsed with the parole stamp. Immediate relatives of a U.S. citizen include the U.S. citizens spouse, children (unmarried and under 21 years of age), and parents (if the U.S. citizen is 21 years of age or older). Non-SI Afghan Parolees will . Verification is established by Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. Advance parole does not guarantee re-entry into the United States. Did Parole or Admission Upon Return Satisfy INA 245(a)? [7] All applicants are initially considered for refugee status. See Part A, Adjustment of Status Policies and Procedures, Chapter 10, Legal Analysis and Use of Discretion [7 USCIS-PM A.10]. Just got back from Mexico with Advanced Parole but I had a question on the stamp that they put on the AP letter and your passport. Some of these passports may have an "OAR" notation in the parole stamp. An immigrant visa must be immediately available when the applicant files the adjustment of status application[1] and at the time of final adjudication.[2]. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. . You must speak with an attorney to discuss your . So you can safely ignore the date on your I-94. . In addition, USCIS should process a fee refund when an adjustment application is accepted in error because a visa was unavailable at the time of filing and the error is recognized before interview or adjudication. , Attorney at Law replied 8 years ago Immediate relatives of a U.S. citizen include the U.S. citizens spouse, children (unmarried and under 21 years of age), and parents (if the U.S. citizen is 21 years of age or older). 1733, 1749 (December 12, 1991), as amended. From December 12, 1991, until February 25, 2016. Form I-94 or Cuban or Haitian passport with a Department of Homeland Security or legacy Immigration and Naturalization Service stamp noting "parole under 212(d)(5)." Form I-766, Employment Authorization Document (EAD), with category code "C11" or "A04." The C11 code indicates that the individual was paroled into the United States. More . 40, October 10, 1986, pp. [^ 96] See INA 245(a)(3). Submit the parole request. [59], Admission Following Travel Abroad with Prior Consent, TPS beneficiaries may travel abroad temporarily with the prior consent of DHS under INA 244(f)(3). [^ 110] See INA 101(a)(15)(S) and INA 245(j). 3 attorney answers. To apply for a passport, U.S. citizens can visit State Department website or call the U.S. Passport Office at 1-877-4USA-PPT or TDD/TYY: 1-888-874-7793. Widow(er)s of U.S. citizens and noncitizens admitted to the United States as a fianc(e) or child of a fianc(e) of a U.S. citizen may also be considered immediate relatives if they meet certain conditions. See INA 212(a)(9)(C). The diversity visa lottery is conducted by the U.S. Department of State. They may also have other documents, including a USCIS Form I-94. [1], A proposed provision in Joe Biden's Build Back Better proposed legislation would grant immigration parole to about eight million formerly undocumented immigrants living in the country since 2011 or earlier. [6] Applicants may not have counsel present during interviews. Official websites use .gov [^ 117] The INA 245(c)(8) bar addresses two distinct types of immigration violations. See INA 245(a). On occasion, CBP grants deferred inspection to arriving aliens found inadmissible during a preliminary inspection at a port of entry. [98], An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. [66], After August 20, 2020, until July 1, 2022, No, the beneficiarys status as admitted or paroled for INA 245(a) was unchanged by travel. Although 8 CFR 244.15provides that permission to travel abroad is sought and provided pursuant to the Services advance parole provisions, the regulation was issued in 1991 before enactment of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA),Pub. Parole under immigration law is very different than in the criminal justice context. [1], Among the categories of parole are port-of-entry parole, humanitarian parole, parole-in-place, removal-related parole, and advance parole (typically requested by persons inside the United States who need to travel outside the U.S. without abandoning status, such as applicants for LPR status, holders of and applicants for TPS, and individuals with other forms of parole).
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